E.D.N.Y. Local Civil Rule 56.2

Any represented party moving for summary judgment against a party proceeding pro

se must serve and file as a separate document, together with the papers in support of

the motion, the following “Notice to Pro Se Litigant Who Opposes a Motion for

Summary Judgment” with the full texts of Fed. R. Civ. P. 56 and Local Civil Rule 56.1

attached. Where the pro se party is not the plaintiff, the movant must amend the form

notice as necessary to reflect that fact.

NOTICE TO PRO SE LITIGANT WHO OPPOSES A MOTION FOR SUMMARY

JUDGMENT

The defendant in this case has moved for summary judgment under Rule 56 of the

Federal Rules of Civil Procedure. This means that the defendant has asked the court to

decide this case without a trial, based on written materials, including affidavits,

submitted in support of the motion. THE CLAIMS YOU ASSERT IN YOUR

COMPLAINT MAY BE DISMISSED WITHOUT A TRIAL IF YOU DO NOT RESPOND

TO THIS MOTION ON TIME by filing sworn affidavits and/or other documents as

required by Rule 56(c) of the Federal Rules of Civil Procedure and by Local Civil Rule

56.1. The full text of Rule 56 of the Federal Rules of Civil Procedure and Local Civil Rule

56.1 is attached.

In short, Rule 56 provides that you may NOT oppose summary judgment simply by

relying on the allegations in your complaint. Rather, you must submit evidence, such as

witness statements or documents, countering the facts asserted by the defendant and

raising specific facts that support your claim. If you have proof of your claim, now is the

time to submit it. Any witness statements must be in the form of affidavits. An affidavit

is a sworn statement of fact based on personal knowledge stating facts that would be

admissible in evidence at trial. You may submit your own affidavit and/or the affidavits

of others. You may submit affidavits that were prepared specifically in response to

defendant’s motion for summary judgment.

If you do not respond to the motion for summary judgment on time with affidavits

and/or documents contradicting the material facts asserted by the defendant, the court

may accept defendant’s facts as true. Your case may be dismissed and judgment may be

entered in defendant’s favor without a trial.

If you have any questions, you may direct them to the Pro Se Office.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.